On January 23, 2025, the U.S. Supreme Court issued a stay on the injunction granted by the Fifth Circuit Court of Appeals in Texas Top Cop Shop, Inc. v. Garland, et al., commonly referred to as the Texas Top Cop Case. It is important to note that the Supreme Court’s stay does not constitute a decision on the underlying merits of the case, which remains under review in the Fifth Circuit.
In a separate matter, on January 7, 2025, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction against enforcement of the Corporate Transparency Act (CTA) reporting regulations issued by the Treasury's Financial Crimes Enforcement Network (FinCEN). However, enforcement was enjoined only with respect to the plaintiffs in Samantha Smith and Robert Means v. U.S. Department of Treasury, et al. This case, known as the Smith CTA Case, has not yet been appealed by the government. As a result, the Supreme Court's ruling in the Texas Top Cop Case does not impact the Smith CTA Case.
At present, the CTA reporting requirements remain suspended, pending any government appeal in the Smith CTA Case. FinCEN has acknowledged this injunction on its website, confirming that reporting companies are not currently required to submit beneficial ownership information (BOI) reports. Reporting companies may voluntarily submit reports.
The Alliance Government Affairs team will continue to monitor the situation and advise of any developments. If the reporting requirements are reinstated you will be the first to know.
In this article, Stephanie Buka, Government Affairs Manager, PRINTING United Alliance, reports on the Corporate Transparency Act. More information can be found at Business Excellence-Legislation or reach out to Steph should you have additional questions specific to how these issues may affect your business: sbuka@printing.org.
To become a member of the Alliance and learn more about how our subject matter experts can assist your company with services and resources such as those mentioned in this article, please contact the Alliance membership team: 888-385-3588 / membership@printing.org.